Category Archives: Blog

Driving Under the Influence of Legal Drugs?

Although DUI is most commonly associated with driving under the influence of alcohol, it can also include driving under the influence of illegal drugs. According to a recent study published in the British Journal of Clinical Pharmacology, legal prescription drugs designed to treat depression, anxiety, and insomnia may also increase driving risk.

The authors of the study compared two groups of people: one group of 5,183 people who had been involved in motor vehicle accidents and one group of 31,093 people of comparable age and gender who had no record of being involved in accidents. Researchers found that study participants who had been involved in the car accidents were also more likely to be taking psychotropic drugs. Although driving under the influence of these legally prescribed drugs will not be included in the drug schedule until further research is conducted, people taking these types of drugs need to know the risks in order to increase driving safety. Researchers suggest that doctors should warn their patients about taking such medications before driving.

You may be reading this thinking you have nothing to worry about besides the potential for a fender bender, but even though you will not be charged for taking certain non-abusive prescription drugs that may increase driving risk, you could encounter other traffic issues including vehicular homicide or other issues like license suspension.

As a traffic attorney who is dedicated to defending driver’s rights, Mickey Roberts has seen the impact traffic violations can have on a person’s life. Even if you are not driving drunk, certain things can increase your driving risk whether or not they are illegal. If you have been charged with DUI or another traffic offense, contact MrGaDUI today. For more information about traffic issues and driver’s rights, visit his website and connect with him on Facebook, Twitter, and Google+.

Chief Justices Important Too: What A New Supreme Court Term Means For You

The U.S. Supreme Court begins a new term on Monday, October 1st, 2012.  While most Americans are focused on the Presidential Election, we probably should pause and focus instead on some very important court cases the justices will hear this term.

Two cases involve the 4th Amendment prohibition against unreasonable search and seizure. In Florida v. Jardines, the issue is whether police violated the Constitution by using a drug dog to sniff for drugs outside a house where suspected marijuana was being grown. The Court must decide whether the sniff test was unreasonably intrusive because there was no hard evidence that illegal activity was occurring, or was it not a search because it occurred outside the house? (The Florida Court held that the search was illegal).

The 2nd case, Missouri v. McNeely, asks whether the police can forcibly draw someone’s blood, in a DUI stop, without first getting a search warrant from a judge. (The Missouri Court held that an officer should first get a search warrant, even though the State argued that by delaying the test, some possible evidence of blood alcohol level would be lost.)

You will recall that last term the Court came out with some major decisions, including the decision on health care. This term the Court will decide not only the above two cases, but may also issue decisions on affirmative action, same sex marriage, and the Voting Rights Act.

Chief Justice Roberts has said that the role of the US Supreme Court is similar to that of a referee. As we have seen recently with the NFL’s replacement refs, referees can have an important impact, whether we are talking about a football game, or about the type of country in which we live. It is important to at least keep an eye on the US Supremes and their decisions, even in a Presidential election year.

Clean Slate: Can my Criminal Record be Expunged?

If you’ve ever been convicted of a crime or found guilty of a DUI, you know just how devastating a verdict like that can be for your record.  Guilty verdicts, especially those given to people under the age of 21 for crimes like reckless driving or DUI can have major implications for their ability to obtain insurance, get into college, or even secure gainful employment.  While it isn’t always possible, there are some instances when expungement, or complete deletion, of a criminal record may be possible.

Atlanta traffic and criminal defense attorney Mickey Roberts offers post conviction service like expungement for some cases when specific actions have occurred.  Offenders who’ve pled guilty to a drug offense under “conditional discharge”, or having the charges dismissed after completing a sentence’s probationary conditions, may be eligible for expungement.  Conditional discharge is most commonly granted for first time (i.e., juvenile offenders). Conditional discharge may be revoked if an individual does not satisfy the terms of his or her probation.  It should also be noted that under current Georgia law, no DUI arrest may be expunged.

If the offender is under the age of 21 when he/she pled guilty to certain misdemeanors, absolution of a record may also be possible.  While it’s clear that the number of previous convictions and the nature of the infraction play a big part in whether or not you’re able to clear your name after a conviction, ongoing demonstration of good behavior is also a factor.

If an offender has completed a court ordered drug program and has not incurred any further convictions in five years from the time of their original ruling, expungement may be feasible.  If you were found not guilty of all charges during your case’s original trial, you may also be a candidate for expungement.   The process of expungement and post conviction appeals can be very complicated.  While there are a number of appeal eligibilities, it’s most important that you only entrust the help of an experienced defense attorney.

To learn more about the traffic and DUI offense council that Mickey Roberts offers his Atlanta area clients visit his website.  You can also connect with Mickey on Facebook, Twitter, and Google + for the latest DUI law updates.  

New Federal Transportation Money Brings Funds for Teen Driver Programs, Education, and Enforcement

The Federal Transportation Bill signed into law last month brings with it $46 million for state incentive grants to fortify distracted-driving programs over the next two years as well as $27 million for states that adopt safety standards like graduated licensing programs and prohibiting cell phone usage while driving.

Teen drivers in Atlanta would be the group most directly influenced by a change to our existing state graduated drivers’ license programs. Currently, in agreement with the standards set forth by the Insurance Institute for Highway Safety, teen drivers must be at least 15 years old to obtain their drivers’ permit.  As well, new drivers must log at least 40 hours of practice driving, 6 of which must be completed at night before they are eligible to take the written and field driving tests to obtain a Georgia drivers’ license.  Once they have their license, teens may not carry any passengers for the first six months, no more than one passenger under the age of 21 for the second six months, and no more than three passengers in the car at one time until the driver reaches 18.

While Georgia hasn’t made any official announcements about changes to the current cell phone and driving laws or teen driving laws, some safety group representatives are optimistic about the potential of the new Federal funds, “We know that new drivers have more crashes than more experienced ones,” says John Ulczycki, group vice president at the National Safety Council.

As a father who has defended clients charged with traffic violations in Atlanta for more than 30 years, I understand firsthand the long lasting effects teen driving violations like speeding, reckless driving, and under 21 DUI can have on a young person’s adult life.  Be sure to continue reading my blog and connect with me on Facebook, Twitter, and Google+ for the latest teen driving law updates.

How Lawyer’s Knowledge and Relationships Can Win Your DUI Case

When you are looking to hire a DUI lawyer, which is more important? The price the lawyer charges, or the experience and reputation the lawyer brings to the table?

There is an ongoing debate in legal circles as to how lawyers should charge. On one side is the old-school hourly billing crowd, who believe lawyers should charge by the hour. On the other side, is a new group who believes a lawyer should charge based on his/her knowledge and experience.

With the experience I’ve gained during my years of practice, I do see the benefit in charging based on knowledge, which can be illustrated by a recent case. Throughout my 32 years of practice I have accumulated a vast amount of knowledge on matters involving not only the law, but also about certain courts, police departments, prosecutors, and judges. That knowledge and the relationships derived from practicing for 32 years is in many ways invaluable.

My client was charged with a DUI, and registered a .17 on the State breath test. At first glance most lawyers would assume that it would be impossible to win a DUI case like this one. After looking at the video, however, I found that there were some issues in the case involving not only probable cause for the arrest, but whether the test should be excluded from evidence because of the way the officer read the Implied Consent warning.

I first approached the officer and told him, in a nice way, of my concerns about the breath test; after hearing me out, he agreed, and he went to bat for my client in talking to the prosecutor about reducing the charges. Then I talked to the prosecutor, whom I have known for over 25 years and eventually he agreed with me and reduced the charges.

Without the relationships I have developed with the officer and prosecutor and the reputation I maintain, I would have struggled more to have the charges reduced. In my opinion, experience, knowledge, and relationships are invaluable when it comes to DUI defense.

Contact MrGADUI

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The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.
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